ONLINE WILL TERMS AND CONDITIONS
1. Definitions and Meanings
In these Terms and Conditions the following words shall have the following meanings:
“Associated Solicitor” means any solicitor used by us or recommended by us.
“Company” means Online Will Limited whose registered office is at Banner House, Briar Close, Evesham, WR11 4XA
“Documentation” means any documents articles or samples published on the Website other than the Will
“Jurisdiction” means the jurisdiction of the courts of England and Wales
“Law” means the law applicable in the Jurisdiction
“Lawyer” means a solicitor barrister legal executive or will writer qualified and entitled to practice law in the Jurisdiction
“Service” means the preparation of a Will using the Website
“Terms” means these terms and conditions or any document referred to herein
“Tax” means any liability to Inheritance Tax Capital Gains Tax Income Tax Corporation Tax or any other Tax applicable in the Jurisdiction at the date of use of the Service
“Us” or “We” means the Company or its agents servants and affiliates
“Will” means a will produced using the Website
“Website” means www.onlinewill.co.uk or any website operated by the Company in association with the Website
“You” or “Your” means you or any person using the Service
2. Acceptance of Terms and Conditions of Use
The Terms are the only basis upon We agree to You using the Website in the preparation of a Will using the Service.
By using the Service You agree to the Terms and enter into a contract with the Company.
To use the Service You must be of sound mind memory and understanding and You must be over 18 years of age.
The Company will not agree (by implication or otherwise) to any changes or modification of the Terms.
3. Documents Disclaimers and Limited Warranty
The Services is subject to the following conditions as described in this section. Your statutory rights are not affected.
The Service provides You with the ability to produce a Will with some degree of customization. Any Documentation is for information purposes only and nothing therein constitutes legal advice offered by the Company or any of its associates.
b. Service Limitations
The Documentation does not cover all specific circumstances. If you have any specific concerns with regard to the Documentation or your Will you should seek advice from a Lawyer. Any Will produced using the Service without consulting a Lawyer is entirely at Your own risk, and you accept full responsibility should it prove to be unsuitable to your circumstances. Advice from a Lawyer should always be sought in relation to Your specific circumstances.
The Will generated using the Service is only valid in the Jurisdiction. If you are domiciled or own assets outside the Jurisdiction the Will may be of no effect and you are advised to seek advice from a Lawyer
d. Changes in the Law
Documentation may change following any change in the law. We can accept no liability in respect of the accuracy of the Documentation following any change in the Law
e. Technical Assistance
If you have any technical issues in connection with the Website or the Service seek assistance by using the 'Question Mark’ link on the Website. Any response is without liability on the part of the Company and does not constitute legal advice.
f. Limited Warranty
The Company will use reasonable endeavors to procure that all Documentation is reasonably accurate and up to date taking account of any change in the Law.
Subject to the Terms the Company grants You a non transferable non-exclusive licence to use and print pages from the Website, to bookmark any freely available page or link to it and (subject to complying with any licences or conditions) to use any established software (e.g. Microsoft's Internet Explorer Netscape's Navigator web browser or the Firefox web browser) to interact with the pages of the site
Purchase of the right to generate a will results in you being granted a not transferable non-exclusive, licence by the Company to use all the restricted access areas of the site to generate Your Will, to view the Will save the Will and to print it
The above licence form part of the user agreement and is, therefore, is inextricably linked to your compliance with the Terms
Once you have paid for the Service you will be granted access for a reasonable period to generate Your Will.
All fees and payments incorporate VAT at the prevailing rate.
Only uses of the service explicitly granted to you by the Terms (or by the Company to you in writing) are allowed. All other uses are prohibited, including without limitation:
a. Any sale, licensing, rental or distribution of your access to the Website.
b. Any publication, framing, reverse engineering or creation of derivative works from the Website.
6. No Right to Cancel
Wills generated using the Service are electronic in format and therefore non-returnable. The Office of Fair Trading Distance Selling Regulations do not apply to the Service. Once the agreement comprised herein has been completed, you will have no right to cancellation and, other than at the Company’s sole discretion, you will not be entitled to any refund
7. Exclusion of Liability
We shall have no liability to you in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from your use of or inability to use the Service or the Website (including any of its contents and Documentation) including (without limitation) loss of profit or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage. In particular We will not be liable for any Tax incurred or imposed upon by Your Estate as a result of the interpretation of your Will by H M Revenue and Customs or any other Tax authority.
You acknowledge that You have full knowledge of your own Tax circumstances and that indemnify us in respect of any loss you may suffer in connection the use of the Service.
Our liability in respect of any loss or damage You may suffer arising directly or indirectly from the use of or inability to use the Service the Website and the Documentation howsoever occasioned shall be limited, in relation to any one incident or series of related incidents, to the greater of:
a. the amount paid by you for the Will, or
Nothing herein limits our liability in relation to death or personal injury if caused by Our negligence.
You agree that there is no contract between You and the Associate Solicitor and that the Associate Solicitor shall have no liability whatsoever under these Terms or otherwise. There is no partnership between the Company and the Associate Solicitor
No guarantee is given that the Website or anything held on the Website will be compatible with your browser or that your access will not be uninterrupted or disrupted.
The Website incorporates hyperlinks to other websites. No responsibility can be accepted by the Company for the content or use of external websites accessed through the Website. By using the Service You acknowledge that We have no control over the content on external sites where links are provided.
Communication with You will be by email alone. You are responsible for ensuring that your software does not block emails from Us and to act on instructions issued to you or any comments which We may make to you. Any such instructions or comments are made without any liability.
Any amendments to your Will are made at your own risk.
Once executed your Will must not be changed otherwise than by the execution of a fresh will or a codicil.
8. Intellectual Property and Ownership
You acknowledge and agree that all items and Documentation published on the Website (which includes but is not limited to images, logos, text, software, photographs, graphics, layouts and designs) is protected by the Company’s copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Specific examples of trademarks or trade names (and related logos) are Online Will Ltd and www.onlinewill.co.uk.
9. Privacy and Passwords
You are responsible for maintaining the confidentiality of your password and account. You are required to and agree to notify the Company immediately You become aware of any unauthorized use of your password or account or any other breach of security.
You agree that We can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfill the obligations under these Terms. Online Will Ltd reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Online Will Ltd or enforce the Terms. Any personal information held by us will not be communicated to any third party
The Company at its sole discretion may suspend or terminate your password, account or use of the Service We may also remove discard or withdraw any content within the Service, for any reason, including without limitation, if We believe that you have, in our reasonable opinion, breached these Terms.
10. Will Storage
A free storage facility is available for storage of your will with our Associated Solicitor. If You wish to use this service You should follow the instructions on the Website. Any storage will be subject to our Associated Solicitor’s terms and conditions.
The Company will accept no responsibility for any loss or damage to the Will whilst in transit to the Associated Solicitor or whilst in the custody of the Associated Solicitor or any third party.
11. Suspension or Discontinuance of the Service
We may (with or without notice and without any liability) suspend the Service for of maintenance of the Website or any other reason. If We discontinue the service We will use all reasonable endeavours to give reasonable notice of termination. We will Either give sufficient notice to allow completion of the Will or refund the payment. You agree that We shall not be liable to You or any third party for any loss occasioned by You in respect of any termination or suspension of access to the Service or any modification of the Service.
12. Void or Invalid Clauses in the Terms
If any provision or clause in of these Terms is declared by any court of Law to be invalid, unenforceable or void, such declaration shall not have the effect of invalidating the remainder of the Terms. In such circumstances the invalid or void clause or clauses shall be treated as having been removed You agree that Online Will Ltd, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms.
These Terms shall be governed in all respects by the law applicable to the Jurisdiction and both parties submit to the exclusive jurisdiction of the English Courts.
14. Entire Agreement
The Terms constitute the entire agreement between You and Us in relation to Your use of the Website and the Service
15. Variations to the Terms
We reserve the right to make reasonable variations to the Terms from time to time. Such variation will take effect immediately upon the posting of the varied Terms on the Website. In accepting the Terms you are deemed to accept such variations.